SUDHIR KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner, who has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act'), challenges his detention order dated 12.11.1992, Annexure 'P -1' in English and Annexure 'P -2' of even date in Hindi and prays for issuance of a writ of Habeas Corpus.

(2.) THE material facts leading to the passing of the detention order and the filing of this petition are detailed in Annexure 'P -3' of the petition and the petition itself. They are as follows:

(3.) THE respondents filed a counter denying the aforesaid allegations. It stated the delay has been explained; that there was good basis for arriving at subjective satisfaction; that there was no variance between English and Hindi version and consequently the detention was defended.